Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 04713
Original file (BC 2013 04713.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04713

	XXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

The Fitness Assessment (FA), dated 20 Aug 13 be declared void and removed from the Air Force Fitness Management System (AFFMS).

________________________________________________________________

APPLICANT CONTENDS THAT:

The sit up component of the contested FA was unjustly administered by the Fitness Assessment Cell (FAC) representative.

The FAC administrator terminated the sit-up portion of the applicant’s test for what he believed was an incorrect resting position.  Therefore, he received zero points for the sit-up component and an overall “Unsatisfactory” rating for the contested FA. 

In support of his appeal the applicant submits, e-mail traffic between the FAC and this unit.  

The applicant’s complete submission with attachments is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On the date the application was submitted the applicant was serving as a Staff Sergeant (E-5) in the Regular Air Force.

On 20 Aug 13, the applicant participated in a FA, attaining an overall composite score of 79.60, which constituted an “unsatisfactory” assessment.  The applicant was credited with the following composite scores:  Cardio – 12:06/50.90, Abdominal Circumference – 30.00”/20.00 points, Push-ups – 43/8.70, 
Sit-ups – 31/0.00 points.

The applicant’s last 5 FA results are as follows:

Date 
Composite Score
Sit-Ups
Rating
*20 Aug 13
79.60
31/0.00
Unsatisfactory
23 May 13
Exempt
Exempt
Exempt
27 Dec 12
84.40
39/6.00
Satisfactory
29 Oct 12
80.10
39/0.00
Unsatisfactory
1 Aug 11
90.20
42/6.00
Excellent
* Contested FA

A similar request was denied by the Fitness Assessment Appeals Board (FAAB) on 17 Dec 13 on the basis of “Insufficent evidence; specifically witness statement to support injustice.”  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial of the applicant’s request to void/remove the FA, dated 20 Aug 13 due to insufficient evidence. 

A complete copy of the AFPC/DPSIM evaluation, with attachments is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, was forwarded to the applicant on 4 Apr 14 for review and comment within 30 days (Exhibit C).

In response to the evaluation the applicant submits two signed memoranda from his Detachment Chief and Fitness & Sports Center Director indicating that there was in fact an error from the FAC administrator.  Specifically, the Center Director had a meeting with all parties involved and came to the conclusion that the applicant was performing the sit-up component correctly and  the FAC administrator had been improperly trained and made an error when administering the test.  To correct the issue, the Center Director scheduled a retest for the following day; however the applicant failed to show and then was permitted to go on leave.  In this regard, the Center Director does not support the extended time permitted to take the test, but concurred the FAC administrator did not properly enforce the counting for the contested FA as intended in the AFI.

A copy of the applicant’s rebuttal, with attachments, is at Exhibit D.

_______________________________________________________________
THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we believe he has met his burden of establishing the contested FA should be declared void. The FAAB disapproved the request, stating that there was no witness statement to support an injustice and AFPC/DPSIM recommends denial of the request due to a lack of supporting evidence; however, in response to the Air Force evaluation, the applicant submitted a memorandum from the Fitness & Sports Center Director stating that the FAC administrator had been improperly trained and made an error when administering the test.  In addition, he also provided a letter from his detachment chief, who indicated that there was in fact an error and he has since taken and passed his FA. Given that these statements are from reputable sources and clearly state that an error occurred, we find a totality of the evidence supports favorable consideration of this request. Therefore, we recommend the applicant’s records be corrected as indicated below.   

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the Fitness Assessment, dated 20 Aug 2013 be declared void and removed from the Air Force Fitness Management System.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2013-04713 in Executive Session on 24 Sep 14, under the provisions of AFI 36-2603:

	XXXXXXX, Chair
	XXXXXXX, Member
	XXXXXXX, Member



All members voted to correct the records, as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04713 was considered:

     Exhibit A.  DD Form 149, dated 17 Oct 13, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIM, dated 4 Dec 13 w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 14 Mar 14.
     Exhibit D.  Applicant’s Rebuttal w/e-mail, dated 20 Jul 14
	

Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 04682

    Original file (BC 2013 04682.txt) Auto-classification: Approved

    The applicant’s last 5 FA results are as follows: Date Composite Score Cardio Rating 30 Oct 13 82.75 Exempt Satisfactory 28 Aug 13 32.60 32/0.00(1-mile walk) Unsatisfactory *13 Aug 13 71.75 Exempt Unsatisfactory 13 Feb 13 87.00 Exempt Satisfactory 7 Aug 12 80.20 15:52/44.10 Satisfactory * Contested FA A similar request was denied by the Fitness Assessment Appeals Board (FAAB) on 14 Feb 14 on the basis of “no letter from the commander to invalidate the Fitness Assessment. Also, no AF Form...

  • AF | BCMR | CY2013 | BC 2013 04441

    Original file (BC 2013 04441.txt) Auto-classification: Approved

    On 20 Feb 14, a similar request was considered and denied by the Fitness Assessment Appeals Board (FAAB), stating “there was not enough or specific details of the medical condition provided from the applicant’s medical provider.” A list of the applicant’s last 10 FAs is as follows: Date Composite Score Sit-Ups Rating 5 Feb 14 82.00 Exempt Satisfactory 19 Jun 13 79.00 Exempt Satisfactory 25 Feb 13 85.00 Exempt Satisfactory *27 Dec 12 23.50 39/0.00 Unsatisfactory 25 Jun...

  • AF | BCMR | CY2013 | BC 2013 03075

    Original file (BC 2013 03075.txt) Auto-classification: Approved

    A list of the applicant’s FAs since she entered the service is as follows: Date Composite Score Sit-Ups Rating 3 Jul 13 75.67 Exempt Satisfactory *15 Apr 13 81.00 25/0.00 Unsatisfactory 23 Nov 12 87.10 38/6.00 Satisfactory 16 Apr 12 84.10 42/7.50 Satisfactory *Contested FA On 16 Dec 13, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), on the basis that, “The applicant’s injury was validated by the applicant’s medical provider, but there was no...

  • AF | BCMR | CY2013 | BC 2013 03078

    Original file (BC 2013 03078.txt) Auto-classification: Approved

    A list of the applicant’s last five FA results is as follows: Date Composite Score Cardio Rating 19 Aug 13 88.75 Exempt Satisfactory 13 May 13 35.60 15:45/0.00 Exempt 8 Nov 12 92.00 Exempt Excellent 14 Aug 12 28.80 18:01/0.00 Unsatisfactory 16 Feb 12 91.75 Exempt Excellent *26 Nov 11 42.30 16:49/8.30 Unsatisfactory *26 Jul 11 35.70 18:52/0.00 Unsatisfactory 31 Jan 11 84.00 Exempt Satisfactory 25 Nov 10 27.50 Incomplete/0.00 Unsatisfactory 24 May 10 78.00 13:11/36.00 Good *Contested FA On 14...

  • AF | BCMR | CY2013 | BC 2013 03908

    Original file (BC 2013 03908.txt) Auto-classification: Denied

    On 29 Nov 12, the applicant participated in the contested FA and failed to attain the minimum score in the cardio component. On 14 Feb 14, the Fitness Assessment Appeals Board (FAAB) disapproved the applicant’s request for relief on the basis that the applicant should not have completed the contested FAs once she became injured; additionally, the applicant did not provide a commander’s invalidation memorandum invalidating contested FAs. For Regular Air Force and AGR, they will enter the...

  • AF | BCMR | CY2013 | BC 2013 04468

    Original file (BC 2013 04468.txt) Auto-classification: Denied

    Finally, the applicant did not provide any additional supporting documentation to consider, i.e., commander’s invalidation, AF Form 422, etc.” AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request to void and remove the FAs dated 22 Feb 11, 1 Mar 11, and 22 Jun 11. A complete copy of the AFPC/DPSIM and AFPC/DPSIDE evaluations is at Exhibit B and Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant...

  • AF | BCMR | CY2013 | BC 2013 03235

    Original file (BC 2013 03235.txt) Auto-classification: Approved

    The applicant’s last 10 FA results are as follows: Date Composite Score Push Ups Rating 23 Aug 13 92.63 Exempt Excellent 29 May 13 21.38 Exempt Unsatisfactory 5 Feb 13 84.10 21/6.00 Unsatisfactory 19 Jul 12 79.67 22/6.30 Satisfactory 13 Mar 12 Exempt Exempt Exempt 21 Oct 11 85.00 19/5.50 Satisfactory *6 Sep 11 73.67 18/5.00 Unsatisfactory *20 Jul 11 81.00 16/4.30 Unsatisfactory 5 Nov 10 96.25 Exempt Excellent 14 May 10 75.20 25/8.00 Good *Contested FA On 14 Feb 14, a similar request was...

  • AF | BCMR | CY2013 | BC 2013 02580

    Original file (BC 2013 02580.txt) Auto-classification: Denied

    A list of the applicant’s complete FA history is as follows: Date Composite Score Cardio Rating 4 Aug 2013 33.00 17:41/0.00 Unsatisfactory *5 May 2013 26.50 INC/0.00 Unsatisfactory 14 May 2012 91.70 12:19/57.60 Satisfactory * Contested FA On 16 Dec 13, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB), on the basis of “Insufficient evidence; specifically AF Form 422 and medical...

  • AF | BCMR | CY2013 | BC 2013 02538

    Original file (BC 2013 02538.txt) Auto-classification: Denied

    For RegAF and AGR Airmen, the FAC (or UFPM where no FAC exists) will enter the FA results in AFFMS on the 6th duty day if the Commander does not invalidate test results or no response from the Commander is received within this timeframe;” Atch 1, Para 10a. Commander memorandum, medical docs, or FAC memorandum).” ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request to remove the contested FA from AFFMS,...

  • AF | BCMR | CY2013 | BC 2013 04890

    Original file (BC 2013 04890.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04890 XXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The Fitness Assessment (FA) dated 28 Aug 13 be declared void and removed from the Air Force Fitness Management System (AFFMS). Also, there was no indication the commander wanted to invalidate the Fitness Assessment.” In accordance with (IAW)...